Millions of people in the United States are impacted by mental illness each year. The National Alliance on Mental Illness (NAMI) states that approximately 1 in 5 adults experience mental illness in a given year. As a result, healthcare organizations regularly encounter individuals experiencing a mental health crisis in both healthcare facility and physician clinic settings. As a result, facilities and clinics may face claims that examine organizational liability when treating behavioral health patients.
LHA Trust Funds Claims Manager Mike Walsh’s recent Claims Trends Associated with Violence and Behavioral Healthcare webinar focuses on organizational liability in claims featuring violence or aggression where the perpetrator is an employee, patient, or visitor/vendor. Many of the claims scenarios discussed involve individuals with a mental illness or experiencing a mental health crisis.
The webinar’s key objectives are to:
- Understand how an injured employee may utilize the Intention Act Exception to prove that their organization was aware of potential dangers but took no action to protect its employees.
- Recognize that sexual assault is one of the most common types of claim associated with violence/aggression. Organizations must be aware of sexual assault risks and take steps to prevent sexual assault.
- Recognize that organizations have a duty to warn people who may be in danger of harm from a patient if a person is clearly identified as being in imminent danger.
- Imminent danger is defined as risk of severe injury, death or psychological harm.
- Report concerning behaviors when they occur as such behaviors may be indicators of a preventable serious event.
The webinar also discusses best practices to mitigate these types of risks, numerous claim scenario examples and court decisions regarding healthcare organization liability. View the entire webinar below.